Best Practices for Selecting a New Trademark

Best Practices for Selecting a New Trademark While Avoiding Risks

The trademark selection process can be daunting. There are multiple business, marketing, and legal considerations that can often conflict. Whether an established business is selecting a trademark for a new product launch or a start-up is adopting its first trademark to define its brand identity, it is important to be proactive and adopt best practices. Doing so can help secure …

The Lifecycle of a Brand: From Inception to Use to Maintenance, How Marketing and Product Managers Can Work Together

Marketing and Product Managers both play crucial roles in the lifecycle of a brand. Effective collaboration is essential to ensure a brand evolves in line with market and business needs and is sufficiently protected along the way. The Lifecycle of a Brand The lifecycle of a brand spans several stages: development, growth, maturity, and decline or maintenance. During each of …

NYC Trademark Lawyers

Best Practices for Minimizing Future Risks and Enforcing Trademark Rights

When adopting and using a new trademark, knowledge is power. Understanding and implementing best practices for trademark adoption, use and maintenance can help minimize future risks. Use and successful registration of a mark is only the beginning. A trademark owner has a duty to monitor and enforce its trademark or risk narrowing the scope of its rights to the mark. …

Trademark Attorney in NYC

Descriptive Marks: Balancing Marketing Needs with Trademark Rights

A strong trademark can be a tremendous asset to a business. Trademarks are generally categorized as fanciful, arbitrary, suggestive, descriptive, or generic, from strongest to weakest. Descriptive marks fall on the weaker end of the spectrum but can be valuable when used after careful consideration of the risks and benefits. When selecting a trademark, one that conveys information about the …

Trademark Cancellation Proceedings vs. Opposition Proceedings – What is the Difference?

Trademark cancellation and opposition proceedings are initiated by parties who believe they will be or are harmed by the registration of a certain trademark. The Trademark Trial and Appeal Board (TTAB) of the USPTO adjudicates these proceedings. The main difference between the two proceedings is that cancellation proceedings are filed against existing registrations and opposition proceedings are filed against pending …

Important Information Regarding Trademark Scams

Trademark owners should be aware of the existence of trademark scams. These scams include letters, emails, and phone calls designed to appear as if they are coming from an official source or agency, even from the United States Patent & Trademark Office, fraudulently attempting to obtain payments from trademark owners.  It is important to be aware of how to identify …

How to Avoid Trademark Infringement

A trademark can be one of the most valuable assets of a business. If you have infringed on a third party’s trademark rights, it can have a significantly negative impact on your business. It is important to understand what constitutes trademark infringement to know how to avoid it and take proactive steps to prevent it.  What is Considered Trademark Infringement?  …